The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.
The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.
The 7th Circuit Court of Appeals Tuesday had to determine how best to read Section 510 of the Employment Retirement Income Security Act of 1974 to rule whether a former vice president of Junior Achievement of Central Indiana was fired because of his protests about the company’s failure to deposit money into his retirement account.
A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.
Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.
The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.
The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.
A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.
A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.
The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
A lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only thing the judges agreed on is that the police department is not a proper party to the case.
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.